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My first arrest and I am over 50 years old . No criminal history . Wound up in an altercation and was arrested with a misdemeanor . I was released and waived speedy trial . Then no charges were ever filed . I called about getting my bond money back just after a year since nothing was filed and was advised that they have not dropped my case yet ? Now , four weeks later , over a year after my arrest , they are filing a Felony Charge . I can accept a plea to a misdemeanor and get 6 months probation or fight the felony charge . Seriously , this was not a Felony type thing and how can they change the charge over a year after my arrest ? I waived the speedy trial of a MISDEMEANOR ( arrest report ) and not a FELONY . Can they really do this to make me plea after 13 months have past ?The original charge was simple battery. I was briefly represented by a friend,(since canceled) who is a criminal defense attorney in Boca. He advised I waive the speedy trial as the prosecution may not be inclined to file charges.(13 months ago)I was NEVER arraigned, only a first appearence after arrest. I was sent a notice to appear on a Felony Battery Charge two weeks ago and have since spoken with an assistant? state attorney. I was advised that the waiver of speedy trial only waives my right to a trial for the charge at arrest. I was also under the impression that speedy trial waiver waives a trial date window and not the actual requirement that I be charged within the 90 day window. Thank you again.
Criminal defense Criminal charges Crime classifications Felony crime Misdemeanor crime Civil rights of defendants in criminal cases Right to counsel in criminal cases Defenses for criminal charges Criminal arrest Criminal court Arraignment for criminal cases Felon rights Probation for criminal conviction